Notice of Certification - Kestrel Workplace Legal Counsel LLP

Appendix “D”
Notice of Certification of a Class Proceeding
Introduction
The Supreme Court of British Columbia has certified the following action as a class
proceeding: Herminia Vergara Dominguez v. Northland Properties Corporation doing
business as Denny’s Restaurants, and Dencan Restaurants Inc., Supreme Court of British
Columbia, Vancouver Registry No. S-110095.
The class consists of all persons described below:
All current and former employees of the Defendants in British Columbia for
whom there is a positive Labour Market Opinion which allowed them to
work in Canada under the Temporary Foreign Worker Program, on and
after December 1, 2006 to June 13, 2012. (“Class” or “Class Members”)
The Court also certified a subclass being:
Class Members who are no longer residing in British Columbia as of
March 5, 2012. (“Non-Resident Class” or “Non-Resident Class
Members”)
What is the Case About?
On January 7, 2011, Herminia Vergara Dominguez commenced a proposed class action
against Northland Properties Corporation doing business as Denny’s Restaurants, and
Dencan Restaurants Inc. (“Denny’s”).
In the action the Representative Plaintiff, Ms. Dominguez, alleges that over 50 Filipino
foreign workers who came to Canada under the Temporary Foreign Worker Program and
were employed in Denny’s restaurants in British Columbia from December 1, 2006 to the
present had the terms and conditions of their employment contracts breached by Denny’s.
It is alleged that Denny’s failed to provide as much work as promised, failed to pay
overtime as promised, and failed to reimburse Class Members for expenses incurred on
behalf of Denny’s, including recruitment and travel costs.

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The case seeks restitution of unpaid wages, an award of general, aggravated, and punitive
damages and declaratory relief both to make themselves whole for damages suffered due
to the Denny’s violations of law, and to ensure that Denny’s will not subject them and
other temporary foreign workers to mistreatment in the future.
On March 5, 2012, the Supreme Court of British Columbia ruled that this action may
proceed as a class action and that Herminia Vergara Dominguez may act as
Representative Plaintiff for the Class and Non-Resident Class.
How do I participate in the class action?
Class Members Living in British Columbia – Automatically Included
If you live in British Columbia on the date this class action proceeding was certified,
March 5, 2012, you are automatically included and do not need to do anything to be
a class member in this class action. However, it is recommended that you contact class
counsel so that you can be put on our mailing list for periodic updates on the status of the
proceeding.
If you DO NOT want to participate, you must opt out of this action by signing and
mailing the Court-approved Opt Out Form enclosed. An electronic Opt Out Form is
also available at the www.kwlc.ca website:
http://kwlc.ca/fileadmin/pdf/Denny%27s%20Temporary%20Foreign%20Workers%27%2
0Class%20Action/Appendix_E_-_Opt_Out_Form.pdf The Opt Out Form must be
postmarked or electronically submitted no later than June 13, 2012.
If you opt out of the class action, you should be aware that there are strictly enforced time
limits within which you must take formal legal action to pursue your claim. By opting out
of the class action, you will take full responsibility for obtaining legal advice about the
limitation period and for taking all legal steps necessary to protect your claim. All class
members will be bound by the judgment of the Court on the common issues unless they
have opted out of the class.
Class Members Living Outside British Columbia – Must Opt In
If you were not living in British Columbia on the date this class action proceeding
was certified, March 5, 2012, you must Opt In to the class proceeding if you wish to
join the class action.
If you DO want to participate, you must opt in to this action by signing and mailing
the Court-approved Opt In Form enclosed.

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An electronic Opt In Form is also available at the www.kwlc.ca website:
http://kwlc.ca/fileadmin/pdf/Denny%27s%20Temporary%20Foreign%20Workers%27%2
0Class%20Action/Appendix_F_-_Opt_In_Form.pdf The Opt In Form must be
postmarked or electronically submitted no later than June 13, 2012.
If you do not opt in by delivering the Opt In Form, you will not be bound by the
judgment nor will you be entitled to share in the benefits of the class action. By not
opting in to the class action, you will take full responsibility for initiating a personal
action against the Defendant or for taking all legal steps necessary to protect your claim.
Independent Legal Advice
Before you decide whether to opt-out of the class action if you are living in British
Columbia or before you decide whether to opt-in to the class action if you are not living
in British Columbia, it is recommended you obtain legal advice about your legal rights
and options.
How will the Case Proceed?
The class action has two stages.
The first stage is the resolution of the common issues. A list of the common issues is
available from Glavin Gordon Clements or Kestrel Workplace Legal Counsel LLP and
can be found on either law firm website: www.ggclaw.com or www.kwlc.ca
If these common issues are resolved in favour of the Class, at the second stage the court
will determine what further steps, if any, Class Members need to take to determine if they
are entitled to recover any damages, and in what amount.
Do I Need to Pay Anything?
You do not need to pay any legal fees out of your own pocket.
If the common issues stage of the case is successful, the fees payable to the lawyers for
the class will be paid out of any judgment, and will not be paid directly by Class
Members.
Any fee paid to lawyers for the Class is subject to the approval of the court. The
Representative Plaintiff has entered into a fee agreement with the lawyers for the class

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that provides for the lawyers to be paid 30% of any amounts recovered by way of
settlement, judgment, voluntary payment or execution or any other benefit derived from
the class action. If and when this occurs, the lawyers will apply to court for approval of a
fee that is consistent with the terms of this agreement, or some lesser amount. The court
will decide what amount is fair. If the class loses the case on the common issues, class
members are not responsible for the fees of any of the lawyers involved in the case.
Who are the Lawyers for the Class and How do I Find out More?
The lawyers for the Class are:
Charles Gordon
Glavin Gordon Clements
2695 Granville Street, Suite 510
Vancouver, B.C.
V6H 3H4
Phone: 604-734-8001
Fax number: 604-734-8004
Christopher J. Foy
Kestrel Workplace Legal Counsel LLP
2695 Granville Street, Suite 206
Vancouver, B.C.
V6H 3H4
Phone: 604-736-6010
Fax number: 604-736-6069
Website: www.ggclaw.com
Website: www.kwlc.ca
Class members who wish to know the status of the class action or to review background
information on the case should monitor either law firm website: www.ggclaw.com or
www.kwlc.ca
The Representative Plaintiff will instruct the lawyers for the class during the common
issues stage. The lawyers must act in the interests of all class members. If any class
members wish to participate on their own behalf at the common issues stage of the
proceeding, they must apply to the British Columbia Supreme Court.
If you have any questions regarding this Notice, please go to either law firm website:
www.ggclaw.com or www.kwlc.ca or contact Glavin Gordon Clements at 604-734-8001 or
Kestrel Workplace Legal Counsel at 604-726-6010 or by email gordon@ggclaw.com or
info@kwlc.ca